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02-22-2012 06:10 PM
Note: The woman at the center of this case is the defendant.
Colorado woman must turn over computer hard drive
DENVER (AP) — Readily available, easy-to-use software can encrypt a computer hard drive so thoroughly it would take years for a hacker to break in. But that seems to be no impediment for government prosecutors, who have obtained an order compelling the disclosure of a computer's contents in one Colorado case.
It's a case that raises questions about whether requiring someone to unlock a computer's protected files amounts to a violation of the Fifth Amendment's protection against self-incrimination.
The judge's order establishes a "very dangerous precedent that a person may be forced to assist in her prosecution in a way the law has not seen ever before," said Phillip DuBois, who represents a woman charged in a mortgage and real estate fraud case.
On Tuesday, the 10th U.S. Circuit Court of Appeals refused to get involved, saying Ramona Fricosu's criminal case must first be resolved in District Court before her attorney can appeal.
Fricosu, of Colorado Springs, now has until Monday to turn over an unencrypted version of the hard drive of a laptop.
Full Article
http://news.yahoo.com/colorado-woman-must-turn-over-computer-hard-drive-083454363.html
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